Amount of Fine, Sentence of Imprisonment for non-payment of fine, when offence punishable with fine only - Section 63, 64, 65, 66,67,68,69,70 of Indian Penal Code 1860

The punishment for an offence may be Imprisonment with fine, Imprisonment only or Fine only. Sometimes the accused may not have the capacity to pay fine. In such circumstances the accused will be imprisoned for a fixed term for not paying the fine. There are incidents in which accused die before completion of imprisonment term without paying fine. In such situation also the accused will not be discharged from the liability for payment of fine.


As per Section 63 of IPC, if no sum is expressed in the order, the fine amount may extend the amount of fine the offender is liable is unlimited, but the amount shall not be excessive. As per section 64 of IPC if the offender is not able to pay fine the competent court may pronounce imprisonment against not payment of fine. As per section 65 of IPC the maximum period of imprisonment against non- payment of fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
 
As per Section 67 of IPC there are provisions for Imprisonment for non-payment of fine, when offence punishable with fine only. The term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed tile following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
 
As per Section 68 of IPC the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law. As per Section 69 of IPC the imprisonment will be terminated against payment of proportional part of fine. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
 
As per Section 70 of IPC the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
 
Legal provisions in Indian Penal Code 1860 regarding amount of fine, sentence of imprisonment for non-payment of fine, limit to imprisonment for non-payment of fine, Description of imprisonment for non-payment of fine, imprisonment for non-payment of fine when offence punishable with fine only, Termination of imprisonment on payment of proportional part of fine. Fine leviable within six years or during imprisonment-Death not to discharge property from liability etc are as follows:
 
Amount of fine - Section 63 of Indian Penal Code 1860
"Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive."
 
Sentence of imprisonment for non-payment of fine- Section 64 of Indian Penal Code 1860
"In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable [with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,] it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence."


Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable - Section 65 of Indian Penal Code 1860
"The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine."
 
Description of imprisonment for non-payment of fine - Section 66 of Indian Penal Code 1860
"The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence."

Imprisonment for non-payment of fine, when offence punishable with fine only - Section 67 of Indian Penal Code 1860
"If the offence be punishable with fine only, [the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed tile following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case."
 
Imprisonment to terminate on payment of fine - Section 68 of Indian Penal Code 1860
"The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law."
 
Termination of imprisonment on payment of proportional part of fine - Section 69 of Indian Penal Code 1860
"If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate."
 
Fine leviable within six years or during imprisonment-Death not to discharge property from liability - Section 70 of Indian Penal Code 1860
"The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts."

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